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2025 DAILYLAW 3158 (AP)

MOPARTHY MURALI KUMARI v. CANARA BANK

WP/744/2025 · 2025-01-09

Dhiraj Singh Thakur, R Raghunandan Rao

body2025

Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) THURSDAY,THE NINTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT HON’BLE THE CHIEF JUSTICE SRI DHIRAJ SINGH THAKUR AND HON’BLE SRI JUSTICE R. RAGHUNANDAN RAO WRIT PETITION NO: 744 OF 2025 Between: Smt. Moparthy Murali Kumari, W/o.Sri.M.Rambabu, Aged 46 Years, Occ: Household, Ryo.D.No-3-60A,Takkellapadu Village and Post, Peddakakani Mandal, Guntur District.PIN 522509. ...PETITIONER AND Canara Bank, Rep. By its Authorised Officer, D.No.5-37-197, Girija Nivas, 4 Lane, Brodipet, Guntur,Takkellapadu Village and Post, Peddakakani Mandal, Guntur-522002. The Debt Recovery Tribunal, Rep. By its Registrar,31-32-54, Chitralaya Road, Near Leelamahal Road, Daba Gardens, Jagadamba Junction, Visakhapatnam, Andhra Pradesh 530020. 1. 2. ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ order or direction more particularly in the nature of writ of Mandamus or any Appropriate Writ by declaring the inaction of the Respondent No-2 in not deciding the I.A.No. 7 of 2025 in S.A.No. 2 of 2025 and the action of the First Respondent/Bank in making attempts to confirm the Sale and to Register the Sale Certificate(ln fact, this Petitioner was not served with any details regarding the Auction Purchaser inspite of Several requests) is illegal, contrary to Principles of Natural Justice, consequently to direct the First Respondent not to proceed further against the Petitioners Property in “Commercial Land &Function Hall Building along r with equipment and Furniture located at D.No. 203/BI, Takkellapdu Village in an extent of 30 cents equivalent to 1452 Square yards, along with the Function Hall Building” till the I.A.No. 7 of 2025 in S.A.No. 2 of 2025, before the Hon'ble DRT, Visakhapatnam is decided. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the First Respondent not to proceed further to direct the First Respondent not to proceed further against the Petitioners Property in Commercial Land and Function Hall Building along with equipment and Furniture located at D.No. 203/BI, Takkellapdu Village in an extent of 30 cents equivalent to 1452 Square yards, along with the Function Hall Building till the lA.No. 7 of 2025 in S.A.No. 2 of 2025, before the Hon'ble DRT, Visakhapatnam is decided. Counsel for the Petitioner: SRI S. SATYANARAYANA MOORTHY Counsel for the Respondents: SRI SREEDHAR VALIVETI The Court made the following: ORDER APHC010013352025 IN THE HIGH COURT OF ANDHRA PRADESH Sr.No:-l4 [3446] AT AMARAVATI D- WRIT PETITION NO: 744 of 2025 Smt Moparthy Murali Kumari ...Petitioner Vs. Canara Bank and another ...Respondents ********** Advocate for petitioner Advocate for respondents Sri S. Satyanarayana Moorthy Sri Sreedhar Valiveti CORAM :THE CHIEF JUSTICE DHIRAJ SINGH THAKUR SRI JUSTICE R. RAGHUNANDAN RAO DATE : 9th January 2025 PC : Learned counsel for the respondent bank states that the bank has since auctioned the secured asset belonging to the petitioner and even the same has been confirmed on 27.12.2024. 2. It appears from the statement made by the learned counsel for the petitioner that S.A.No.2 of 2025 was filed before the Debts Recovery Tribunal, Visaktiapatnam only on 02.01.2025. 3. In the facts and circumstances of the case, when the possession has already been taken over by the bank and the sale is confirmed, we feel it appropriate for the petitioner to approach the D.R.T. There is no merit in the 2 present petition and the same is, accordingly, dismissed. No order as to costs. Pending miscellaneous applications, if any, shall stand closed. Sd/- J.SAROJA ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, J^One CC to Sri S. Satyanarayana Moorthy, Advocate [OPUC] 2. One CC to Sri Sreedhar Valiveti, Advocate [OPUC] 3. Three C.D. Copies. Cnr ▼ HIGH COURT DATED:09/01/2025 ORDER WP.No.744 of 2025 ^ofanda^ iV ^ A ’S> lo 2' JAN 2K5 09/' ^ Current Section DISMISSING THE W.P. WITHOUT COSTS